Air India asked to pay Rs 90k to doc's family for malpractice

Air India has been ordered by the  country's apex consumer forum to pay a compensation of Rs 90,000 to a Chennai-based woman doctor and her two daughters for unilaterally cancelling their tickets to Singapore.

The National Consumer Disputes Redressal Commission ordered compensation for the doctor and her daughters, holding Air India (formerly Indian Airlines) guilty of adopting unfair trade practice.

The NCDRC gave its order dismissing Air India's appeal against the Tamil Nadu state consumer commission, which had upheld a Chennai district consumer forum's order to pay the compensation.

Allowing the plea of the doctor, the district forum had asked Air India and its travel agent Travelon World Wide Pvt Ltd to pay jointly and severally a sum of Rs 25,000 as compensation and Rs 5,000 as litigation cost to each of the three complainants (doctor and her two daughters).

"There is no escape from the conclusion that petitioner (Air India) has not only committed grave deficiency in service by cancelling the confirmed tickets of the complainants (Dr Mary Ramaswamy and her daughters), but the said act would also amount to adoption of malpractice or what is called unfair trade practice," the forum presided by Justice R C Jain said.

Tamil Nadu native Dr Ramaswamy, in her plea to the district forum had said that despite having confirmed tickets she and her daughters were not allowed to board the flight from Chennai and due to delay in reaching Singapore, they missed their connecting flight to Melbourne and their trip was delayed by over 36

hours.

Air India in its defence said it had cancelled the tickets as the travel schedule of the passengers was not confirmed by the travel agent and the latter was liable for the discomfort caused to the family.

It added that airlines during peak season do over-booking of tickets, anticipating cancellations of booked ones and if passengers do not reconfirm their travel plans, their tickets are cancelled, which is the prevalent practice.

The forum observed that over booking to the extent of 200 per cent was done on the flight of December 21, 2002, in which the doctor had booked tickets for herself and her daughters.

"If such over-booking is done by the airlines, they render themselves vulnerable to such a situation as has taken place.

"However, in absence of any communication from the complainants the airline could not cancel the reservation of confirmed tickets booked several days in advance.

"It was totally unfair and unjust on the part of the airline to do so," the bench held.